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(영문) 인천지방법원 2018.11.30 2017고합584
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall provide or promise to provide money or other valuables or other property gains, services, convenience, etc. to children or juveniles, or to provide or promise to provide sexual intercourse.

On August 28, 2017, the Defendant: (a) around 11:00 on August 28, 2017, at the 5th floor D public notice room of the building in Nam-gu Incheon Metropolitan City, Incheon Metropolitan City, 200,000 won paid to the F.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of investigation reports (verification of CCTV images of the C building), lots (in fact-finding questions, CCTV-caping photographs, and CCTV-recording CDs);

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment therefor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by January 16, 2018), and Article 56(1) main text of the Act on the Protection of Children and Juveniles against Sexual Abuse sought an order to disclose and notify the Defendant’s personal information. However, the instant crime does not fall under any subparagraph of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and is not subject to an order to disclose and notify the information. Thus, the judgment on the instant crime is not separate.

Where a conviction against a defendant is finalized, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. One year to ten years from the imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Purchasing sex of children or juveniles from a sexual traffic crime subject to the age of 19 years or less;

(b)decision of the territory of recommendation and the basic area of the scope of the recommended sentence, 10 months to 2 months of imprisonment;

(c) has been modified;

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